37 C.F.R. 1.643, Prosecution of interference by assignee.

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1.643 Prosecution of interference by assignee.

(a)

An assignee of record in the Patent and Trademark Office of the entire interest in an application or patent involved in an interference is entitled to conduct prosecution of the interference to the exclusion of the inventor.

(b)

An assignee of a part interest in an application or patent involved in an interference may file a motion(1.635) for entry of an order authorizing it to prosecute the interference. The motion shall show the inability or refusal of the inventor to prosecute the interference or other cause why it is in the interest of justice to permit the assignee of a part interest to prosecute the interference. The administrative patent judge may allow the assignee of a part interest to prosecute the interference upon such terms as may be appropriate.

[49 FR 48416, Dec. 12, 1984, added effective Feb. 11, 1985; para. (b) revised, 60 FR 14488, Mar. 17, 1995, effective Apr. 21, 1995]

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